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tv   CNN Newsroom With Brooke Baldwin  CNN  September 8, 2015 11:00am-1:01pm PDT

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you're watching cnn. i'm brooke baldwin. great to be with you on this tuesday. a lot to talk about this afternoon, including our breaking story. look at these live pictures, grayson, kentucky, moments ago, a federal judge ordered the release of kim davis. you know her name. she's the kentucky county clerk who went to jail a couple of days ago for refusing to issue same-sex marriage licenses. and she has been in this
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detention center behind bars for the last six days citing her christian faith for refusal to conducting a function of her elected office. this comes on the same day that not just one but two republican presidential candidates, ted cruz and mike huckabee, are there. huckabee is in there right now with his wife janet. first, let me begin with martin savidge who is there in kentucky and martin, just to be crystal clear, a lot of moving parts right now, a judge has ordered her release. she has yet to walk out of that detention center, correct? >> reporter: correct. in fact, there was a concern that she would be walking out at the time that mike huckabee was walking in. the question is, will she come out alone or will they come out together?
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the judge has said that she can go free but he's also ordered that she cannot in any way interfere with the licensing process, marriage license going to same-sex couples and that's something her attorney says she hasn't changed her mind on that one. she's totally opposed to her name appearing on those marriage license and hinted that she will not be issuing them and then we're right back to where we were with the judge issuing a possible contempt order. so it is one of those where you're just not really certain what the next few minutes are going to bring. but for this crowd, they have gathered, they are waiting, and the news should come out very soon, according to kim davis' attorney. >> you and i will watch this play out on live television. let me ask you, though, if we know that the judge has ordered her release, does that mean that she would have agreed to any condition to get out of the detention center as it is
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related to issuing same-sex marriage licenses or this was an order, she said okay and she's going to leave? >> reporter: well, we don't know what she has said just yet. we know through her attorneys that there were no sort of conditions that were set. it was, instead, the federal judge said these licenses were now being released, thereby, she could come out but she better not interfere. >> martin savidge, stand by. we'll come back out to you outside of the carter county detention center. there are all kinds of twists and turns in this case. i have a law professor with me and legal analyst paul callan and legal analyst joey jackson. first, professor, to you there in cambridge, let me just read something. this is part of a transcript from kim davis' attorney.
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this doesn't give any resolution to this case than what happened last thursday. get her name and authority off the certificate. the judge could order that kim davis will not compromise her conscience over this issue. does this mean when she presumably goes back to work, we are back to where we started? >> not literally, because when she first went into jail, nobody was issuing the marriage hnss. now the licenses are in fact being issued. as long as davis doesn't take her name off or take other steps to interfere with the licenses being issued, she will remain free. the judge left plenty of room to putting her back to where she was. >> that's the big if. we don't know if she would interfere. we know she hasn't wanted to sign off on them in the past and thus being held in jail and now she's being released.
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paul callan to you, martin savidge said in order to agree to be released that she didn't -- there were no conditions upon this release. so lift the veil. what would have happened for her to walk out the doors. >> i'm shocked that the judge did this. >> you are? >> he was tough with his initial order and usually when somebody is held in contempt for failure to comply with a court order, they are called back into court and they are asked, are you now willing to comply with the court order? we haven't heard that. by the way, she's the clerk. >> does that mean the conversation didn't happen or we don't know about it? >> the conversation would have happened behind closed doors. there was a situation that took place. an attorney represented five of the deputy clerks. all of the attorneys said the deputy clerks were willing to issue marriage certificates to same-sex couples. >> that's right. >> what happens now when the boss, kim davis, comes back and
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says i order you not to issue those certificates. >> precisely noah's point. let me bring in a new voice here, alice stewart, the communication directors for mike huckabee's presidential campaign. alice, thank you so much for coming on. i understand that mike huckabee, his wife janet have gone inside to meet with kim davis before she's released. i'm wondering, will his advice to her remain the same now that we know she'll be walking out the front doors? >> his conversations with her have been words of support. back when the incident first came out in her office, he called her shortly after that and said he stands behind her and is proud of her courage and bravery and said, quite frankly, you have a lot more conviction than many of the politicians in washington. what he's here for today is to continue to show his support and
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this town here in grayson is about 4,000 people. it's at least doubled. on the way in here, people were rushing to the jail to stand in support of miss davis and this is someone who stood firm on their religious faith and is willing to pay the price by going to jail and didn't -- didn't waver and stand back on her religious convictions. >> do you know if governor huckabee will say to her, presumably, you know, when she goes back to the court clerk's office and she fulfills her duty, which is issuing marriage license, which same-sex marriage licenses would fall under that umbrella, do you know if she'll comply with that or not? >> his advice to her and words of support for her were of standing firm and showing that he supports her and is proud of her conviction. he said that before she was in court last week and the day that
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this announcement for her to be jailed happened within eight hours, we had someone on the ground here in grayson to help put this rally together to show support for her. why would he encourage her to change her mind now? all of these people are showing their support. now more than ever is a time for people to stand firm on their religious conviction. he said you need to stand firm on religious freedom and not waiver one bit. >> just so i'm clear, when you say stand firm, just so i'm crystal clear, that means governor huckabee would support kim davis if she continues to defy the law and stand by her conviction? >> he absolutely would. he said he would change places with her in a heartbeat. he doesn't want her to waiver one inch on standing firm on her religious convictions. >> you're seeing a lot of people
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obviously in front of this carter county detention center. we're waiting to see kim davis walk out of these doors. also in the crowd, senator ted cruz, another 2016 republican presidential contender. he is there supporter her as well. i just have to ask, alice, within hours of this you had a team there on the ground. would governor huckabee be inside that carter county detention center if he were not running for president of the united states? >> governor huckabee is a man of strong faith and conviction. he would be there for her regardless of what situation he was in personally and professionally. he is someone that always stands behind someone who stands for religious faith and standing firm against religious tyranny. i grew up in atlanta, not far from you, and i learned in
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civics 101, we have checks and balances in this gouvernment. and more importantly, to make sure that we recognize a separation of powers in our government and also never waiver on our religious freedom and that was exactly why governor huckabee is here today. >> i also just mentioned ted cruz. there's a big divide among republicans on this very issue. someone else who would like to be president, governor kasich of ohio, says kim davis needs to follow the law and the bigger problem that he has said, this is turning younger folks off from christianity and i'm just wondering, how would governor huckabee react to that, to fellow republicans who completely disagree with his stance on this? >> well, he has never let anyone else influence where he stands or what he believes. he's a man of strong faith and conviction and is not easily
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swayed by political conviction as to where his faith is. that's why he was with kim davis from the very beginning. the day this ruling was handed down. and right now he's going to stand with her and show all of these people -- as we were coming into town, people were waving signs and signs of standing firm on religious freedom and these people are behind her just as much as governor huckabee is. >> when governor huckabee is standing on that stage next wednesday night for our big republican presidential debate and he's standing and governor kasich is, you know, giving his opinion on this, how exactly will goevernor huckabee stand o that stage? >> he is never influenced by who stands on either side of him is. he has always been on the same side of each of these issues that we'll be discussing next week in the debate, whether it's marriage or life or religious
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liberties, he's been on the same side of these issues and nothing that the other candidates are going to say or do is going to change that. >> alice stewart, thank you so much for your time and grayson, kentucky, we are waiting to see the county clerk, kim davis, be freed from behind bars. a judge put her there for defying the supreme court ruling back in june that states must recognize same-sex marriages. she's about to be released, as per this judge's order. rolling with the breaking news on this tuesday afternoon. do not miss a beat.
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you're watching cnn. i'm brooke baldwin. you are watching live pictures from grayson, kentucky. we're expecting any moment now for kim davis to be released from the carter county detention center. martin savidge was saying that kim davis may end up back inside this detention center behind bars because perhaps she will stand by her conviction that she does not want her home county to issue marriage license with her name or her office's name on them. by the way, her deputy clerks have been doing such. this office has been in compliance with the law for the past couple of days. this is kim davis' attorney moments ago. >> it doesn't give any more resolution to this case than what happened last thursday. we've asked for a simple solution. a judge ordered that. kim davis will not come
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pro-highs her conscience over this issue. >> davis' legal team has asked kentucky's democratic governor to issue a pref religious accommodation by removing her name and title from marriage license issued in her county. >> it's his duty to accommodate the religious beliefs of all persons, including elected officials. the freedom restoration act make it is clear that all persons have a right to act or not act according to their religious beliefs. she has the highest respect for the law and what she's doing now is not in defiance. it's requesting a reasonable accommodation, which the governor has the power to give. >> the governor's office says this issue is now between kim davis and the courts. i have harvard law professor with me and cnn legal analyst paul callan and joey jackson and
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martin savidge, our correspondent, is in graytson, kentucky, is there live. mike huckabee and his wife janet are meeting with her inside. noah, to you, let's back up half a second. if you have this judge who is saying she will be released from this detention center, why did he grant this release? was it simply because her office, the rawlin county clerk office, they have been issuing same-sex licenses, that they are in compliance with the law, thus, she can walk out of there? >> legally, that's correct. that's the judge's justification for what he did. people are getting marriage which means that the law is being followed. on the other hand, practically, it's an easy interpretation to say that the judge is worried about making a martyr out of davis. he doesn't want candidates for
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president appearing and taking advantage of his image all around his courtroom. presumably he's trying to make the story go away and the law is being fulfilled. >> the story won't go away and she's released and she's the boss over these deputy clerks. can't she say, listen, this is how i feel. it is against my religious conviction to hand out these marriage licenses to same-sex couples there. fore, i don't want you to do it because i'm standing my ground and i'm not doing it either? >> well, if she tells them not to do it, they can listen to her, in which case she's probably go back to jail and she'll have to deal with the consequences of that or they can disobey her and fire her. i think she'd be under a worse
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position under those circumstances. if i was advising one of the deputy clerks, no matter what she tells you, dare her to fire you. >> this is an extraordinary story. paul callan and joey jackson, makes your head spin when you're following all of this. i heard what her attorney said a while ago, she will not compromise her conscience. >> well, an individual, brooke, does not in any way, shape or form have to compromise their conscience at all. let's be clear about that. however, this is not her individual office. it's a public office. and so if she doesn't want to compromise her individual religious beliefs, whatever they may be, and we all need to respect each others, then the solution would be to remove yourself from office. number one, no individual is above the office they hold. that's the first concept. and you swear when you take that office and accept the office to uphold the constitution of the
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united states. let's be clear. laws change constantly. they are modified and amended. when you step into that position, it's not about you as an individual but it's you acting on behalf of the public. >> what about -- not that i can crawl inside her brain but if she opposes same-sex marriages and when you look specifically at the state of kentucky, the majority of people in kentucky oppose same-sex marriage which is in contrast with the majority of americans and the court in june. >> article 6, clause 2 of the united states constitution, it's the supremacy clause. what that says is that the federal law supercedes any state law. when the united states supreme court gets together and they act, no matter what they do -- it may be an 8-5 decision, it's the law of the land. so whatever your respective state law is, it's not. because the supreme court says it's not and that leads to the second point i was making, and
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that is, you need uniformity in law. imagine the lawlessness of this country founded upon democracy and principles. if you have someone in kentucky who says, i don't like what the supreme court says. someone in new york says, don't like it too much. you need to uniform me. as a result of that, this is where we are left and that's the rally we see. >> paul, i promise i'll get to you. you're being looking at live pictures of carter county detention center. crowds await for kim davis to appear out of those doors because a judge has ordered her release after several days in jail because she did not want to issue those same-sex marriage licenses to couples in her home county. we'll be right back. more on the breaking news, next.
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we will get you back to grayson county detention center in a moment. kim davis would not issue same-sex marriage license and thus she was thrown in jail. we are waiting for her release. stand by for that. now to this, though, the unfolding human crisis in europe. cnn is right there. after days trapped inside of a holding camp, hundreds of refugees rushing police lines in hungary running for their lives. >> go back! >> the camp sits along the border that separates hungary and serbia and cnn's cameras were there when men, women and children pushed past the officers and broke free.
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the fef few gees were determined to escape and now spilling into the european union, you can see the route that they are taking to get there. parents carried children on their shoulders as they ran across cornfields. the police not far behind them. at least half of those who ran were eventually stopped by authorities and cnn's ibt national respond dar wa damon was there when the refugees decided to break away. >> reporter: we are running now with these mig grants and refugees who just broke out of the border of serbia. they are trying to bring them under control. there are hundreds of them that
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staged this breakout because of the conditions that they were being held in. they couldn't take it anymore. young, old men, parents with families all breaking through and now also being pursued by the police force through this cornfield. this all kicked off about half an hour ago and there are elderly among these crowds. these people are literally running for their lives. they took a risk when they broke out of the camp. they knew that. they were terrified of what the police would do and now they are not only afraid of being caught but of what their potential punishment might be and of being brought into the camps, that
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they did not want to go into, especially after having had to wait in those fields for so long. they did manage to catch a few people who were stuck in the back. but, yes, they don't want to get caught. they don't want to go back to the camp. they don't want to wait to be fingerprinted. they are afraid the police will use force to try to bring them in. all they really want to do is somehow get out, keep their journey going, which is why so many of them were so frustrated with the wait, because they were
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being held in these horrific conditions in this one holding area. but they also are afraid now because they did that, that perhaps they will somehow be punished. these are people who are so desperate. they just want to get going. they just want to get to germany. they just want this epic journey of theirs throughout europe to actually finally end, that they will go to these lengths, if that's what they need to do, to try to break out of certain areas. we've seen this on a number of occasions. there was a big standoff on the train, people decided to walk for eight, nine hours along the highway just to be able to get to budapest. these are the actions of a desperate people.
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well, there isn't a plan. this all happened quite suddenly. this holding area is the area that they are all brought into right when they crossed over from serbia into hungary. the buses weren't coming quick enough. the conditions there barely bismol and they decided to take matters into their own hands. they don't want to be held back anymore. >> absolutely incredible reporting from arwa damon. a vicious hit of a high
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school referee. two players in a high school game. what could be behind that hit. also a. major development out of the city of baltimore. they are proposing a multimillion dollar settlement with the family of freddie gray. but how that might impact the police officers indicted in gray's death. we'll discuss. this is cnn. if you struggle you're certainly not alone.
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[ applause ] [cheers and applause ] >> as we stay on this picture, let me bring in our correspondent there in the midst of this crowd. martin savidge, can you hear me? i understand kim davis is standing out there along with governor huckabee and his wife. are they addressing the crowd? >> reporter: you know, i'm blocked by a sea of flags and signs. so i cannot see what you're looking at. i can only berry see the rooftop of the detention center. clearly the crowd hasn't
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indicated in a way that they know that kim davis is up there. something is reverberating throughout this crowd but there's a great sense of anticipation as to what exactly is happening. and what does it mean? >> all right. i'm looking at it from my vantage point and i see a lot of cameras and supporters. it's important to speak to how she feels and how strong the support is for her in this crowd in kentucky that she, you know, wants to stand by her conviction not to sign the same-sex marriage licenses. >> reporter: it's true. most of the people here are clearly in came davis' corner. that shouldn't be considered a reflection that everybody in this area agrees with what she did. they don't. there's a significant group of people that are not here that would say, look, you have a job, you've sworn to uphold part of
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that job and by not issuing those licenses, you're falling down on that, which you said you would do. not everyone has agreement but certainly in this crowd they support kim davis. they want her to know that it's a bonus for them that kim davis is going to be set free. >> be set free and we heard from her attorney who i'm sure will speak as she's being released saying, you know, that his client will not compromise her conscience. martin, stand by. we want to stay really close with you. as soon as we get a visual on kim davis and mike huckabee, we'll join in. but sunny hostin is joining us, a legal analyst. you've been joining us. as people are tuning in, let me tell you, this county clerk who did not want to issue the same-sex marriage licenses who has been held in contempt of court and has been held until seconds ago as the judge has ordered her release because the
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office has been abiding by the law. the deputy clerks have been signing off on same-sex marriage licenses. the question right now is, when she returns to work and she's the boss, will she go back to her original stance of, you know, not being in compliance with the law? >> that really is the question when the judge released her in his order, he made it very clear that the reason she was being released is because the other deputy clerks were willing to follow the law. they were issuing the marriage licenses. so according to the court, the law was being followed by the court also made it very clear that if she goes back to work and is in any way obstructionist and causing these marriage licenses not to be issued, then i think she could land herself very well in the same position that she's been in in the last couple of days, which is in a jail cell. so to be clear, those that are saying that this is a legal
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victory for kim davis, that really isn't accurate. and i think when you really look at it, it is shocking, considering sort of the hypocrisy that many people have pointed out, the fact that she's been married four times, the fact that she has had children out of wedlock. to consider her the voice of the moral majority i think has outraged many, many people in the public. so to be clear, the law is being followed. but if she does anything to, you know, she's going to end herself back in jail. >> there's going to be a rally at any moment. kim davis will be speaking as well as mike huckabee. alice stewart said that whether he was running for president or not, he would have been there on the ground in grayson and supports and stands by her as she returns to work.
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sunny, what about -- you know, i don't want to get into a federalism argument. what about a religious freedom argument? what about her argument, she wants that religious accommodation. that's what we're hearing from her lawyers. what do you make of that? >> you know, i think there's real validity to it. people have the right to believe in a certain faith. but when you take the position that is counter to the law, then that doesn't work. and so i think she can get this religious accommodation in her current position. >> she's an elected position. >> she's an elected position. so perhaps a religious oh accommodation can be made for her but that religious accommodation cannot prevent others from enjoying their constitutional freedoms. the supreme court made it very clear that same-sex marriages are the law of the land. they are legal.
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and so her religious freedom doesn't trump every other, you know, same-sex marriage couple that is looking to enjoy the same constitutional rights that we all enjoy. >> with regard to these marriage licenses -- i was just handed a piece of paper. let me read this. sunny, we have a statement from the aclu. let's see. legal director of aclu representing the plaintiffs in this case. this is their quote. this case was brought to make sure that all residents could maintain licenses and that goal has been achieved and because, as you point out, sunny, these deputy clerks have been issuing the same-sex licenses. i wonder if there's any sort of compromise or not. the deputy clerks continue to issue the same-sex marriages.
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she continues to fulfill her roles. i'm wondering if it's just a slight sliver of her role is actually overseeing the marriage licenses, if she opts out of that, would that be okay? >> you know, in my view it would be okay in terms of the religious accommodation that she seeks. if she doesn't want to resign from her elected position, the people have elected her but she has to fulfill that position. bottom line, brooke, i think if she chooses to not issue any marriage licenses, gay or straight and perhaps then do other parts of her job, i'm sure there are other parts of her position that she can fulfill, i think that that would be appropriate under the law. however, i caution everyone, again, if she in any way interferes with the issuing of any licenses, gay or straight marriage licenses, and directs
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any of the five clerks not to issue the same-sex marriage licenses, you know, i think that she will again be in contempt of lawful court orders. we can't hold elected positions and then pick and choose which lauer going to follow. that is -- that leads to anarchy. that's just not how our system works. >> sunny hostin, thank you. let's get a free shot. paul and joey are here with me. i'm wondering, if the thought that she could return to her work and, as her lawyer has said, she will not compromise her conscience, which makes you wonder if she then would go back to her original stance and not want to each the same-sex marriage licenses. hypothetical, fellas, she goes back to jail, who ultimately can jump in and stop this back and forth and either -- she's an
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elected official. so ultimately is it the governor? >> well, there are several areas that you could go to here. yes, the governor could issue an executive order and change the exact rules for issuing marriage certificates but he said, in his opinion, that's not legal. you can call the kentucky legislature into session to either change the law or remove her from office by way of impeachment. now, i'm betting that in kentucky you wouldn't get a majority vote to impeach her because a lot of people are in kentucky would think that from a religious standpoint they agree with her. it brings us back to this concept that the courts were very reluctant to get into this area of same-sex marriage and to get ahead of democracy in this area because there's strong public opinion both ways on the issue. >> yeah. >> you like really to have a clear consensus before you move and the court ultimately has
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decided here, you know something, the constitution requires it. we're not going to wait for democracy. and i think in the aftermath of that, now we're seeing what happens when you don't have substantial agreement. presidential candidates gathering, you know, to fight in favor of the clerk. i think she's going to derive support and courage from the dim straight fors and may, in fact, continue this protest. >> let me jump in. governor huckabee, who is running for president, he's been meeting with her at this detention center. i'm told that he has said, thanks to this great lady, kim davis, her beliefs are more important than her own freedom. people are tired of tyranny, judicial action. this is governor huckabee speaking out about kim davis. we stand today. she was killing to go to jail. if somebody needs to go to jail
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over this issue, i'm willing to go in her place. and here he is. there's governor huckabee. there he is. in the navy jacket. just outside those front doors. we're watching and waiting for a rally. forgive my interruption. >> this is a wonderful country, democrats, republicans, independents, be who you want, say what you want. but the reality is, at the end of the day, we are a society of laws and those laws have to be attended to and abided by and in the event that you feel that your religious freedoms -- and i say this not by way of opinion but by way of legal interpretation, in the event that you feel that your individual choices are somehow offended by whatever law you have to uphold, there's an easy remedy that he is to step away. as long as you hold an office which is public and that office prescribes you an office of duties, going back to sunny hostin's point, we don't get to pick and choose which things we
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do. at the end of the day, you need the uniformity. otherwise, it would be a very problematic society, indeed. >> governor huckabee has just met with kim davis. there's the photo of all of them. he says, i was honored to meet with kim davis, a woman of such strong faith and conviction. #religiousliberty. we're learning that kim davis' attorney says she is indeed returning to work. quick break. what all of this means. >> ladies and gentlemen, please welcome to the stage at this time, governor, mike huckabee! ♪
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>> can you hear me? all right. i don't know if you can hear me out there. but your sign is beautiful and kim davis could hear you inside the walls of this jail. [cheers and applause ] we both have an important announcement to make regarding kim davis. >> and before we do, will you have a chance to see kim in a moment. we have an announcement and it is this. kim davis is free!
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kim will be coming out at the very end of the program to say thank you. she's not going to comment on the case. she's not making any direct media statements today. we want to respect her today as she's getting out of jail for the first time in six days and for the first time today in six days she's been able to hug and kiss her husband joe. [ applause ] we want to allow her to have some time today and tonight with her husband, but she does want to come out at the end and thank all of you and then for the media we will be talking to you and making whatever arrangements
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that we need to as we move forward. so we're going to start the program and kim davis will come out at the very end to say thank you for your prayers and for this amazing day. thank you. [ applause ] >> all right. that was kim davis' attorney and governor huckabee. kim davis is free. let's go back. >> a politician, a pastor, a preacher or a presidential candidate, we have come out today to celebrate the release of kim davis. somebody say amen! [ applause ] we don't need the supreme court when we serve the supreme being!
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before we begin today, we want to not only welcome you but welcome those that have traveled from around the world to be here. we want to recognize steve nipper, the republican nominee for secretary of state. would you put your hands together for him. we say thank you to keith fornier, catholic deacon, president of the good foundation and editor-in-chief of catholic online. thank you for being here. a pleasant view baptist church pastor for organizing this event. >> we saw senator ted cruz and mike huckabee. kim davis is headed back to work but before such she'll address this crowd. we will be right back.
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we are continuing our breaking coverage here on cnn. i'm brooke baldwin. thanks for being with me. at the top of the hour, i can tell you the headline is this. kim davis is free and her attorney, presidential candidate, governor mike huckabee, proclaimed that together moments ago. moments ago, the kentucky clerk who refused to issue same-sex marriage licenses walked out of jail. we'll go there as soon as we see here. a federal judge ordered davis' release saying her office in her absence has complied with the court because the deputy courts
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there have been granting licenses to same-sex couples. as i mentioned, she's been absent because she's been behind the brick walls at the carter county detention center. her attorney saying that this does not resolve the fact that she does not want her name or office seal on same-sex marriage licenses. >> it doesn't give any more resolution to this case than what happened last thursday. we've asked for a simple solution. get her name and authority off the certificate. a judge can order that. kim davis will not compromise her conscience over this issue. >> the news of the release comes as the rowan county jail inmate was getting high-profile visits. mike huckabee and his wife met with kim davis and senator ted cruz is also there and in the crowd in grayson, kentucky. i have martin savidge who
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standing by in the crowd. get in my ears and tell me if martin is available to chat. martin is ready. there we go. it's a big crowd. what's the tick tock? when will we hear from kim davis? do we know? >> she's already come out and already spoke. it was really very low key. this took place not at the podium but actually behind the podium. it was the cnn crew that was there and i'm told by alexandra field that essentially she looked rather shaken, definitely overwhelmed. she was there with her attorney and also with mike huckabee and she was asked will she be going back to work. it sounded like it will be a day or two. and then she was asked if she had changed her mind in any way and shook her head no and said she had not. so that was the end of it. she has then left. so clearly all of this has been
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very, very overwhelming. she even looked a little bit teary, according to witnesses. a sudden release that many had not expected and now the next question is where does this drama go and does it get resolved in one way or another or does she end up back here? we don't know. >> hopefully if alex and crew were there, we'd love to get that turned around so we can get kim davis, as brief as it possibly sounded on cnn, martin. so the question is, when she returns to work, maybe the next couple of days. guys, let's throw the tweet up from governor mike huckabee. he was meeting with her before she was released. he took a picture with her and tweeted this. i was honored to meet with #kimdavis, a woman of such strong faith and conviction. i have joey jack so the and paul callan joining me. actually, let's pause. let me listen.
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♪ >> today they were able to hug each other for the first time in five, six days. and so we want to be able to give kim an opportunity to go back with her husband joe and to just rest for the rest of the day. she won't be making any specific statements to the media today regarding the substance of the case. we will address that later this week. kim is someone who is loyal to god and she is loyal to her job and to her people and she plans to be back at work this week. but i can guarantee you, knowing kim, she loves god, she loves people, she loves her work and she will not betray any of those people. she'll do her job good. she'll serve the people as they want her to serve and she was and elected and will be loyal to
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her god and she's not going to violate her conscience. so she's released today and we're certainly rejoicing in her release, but the court order did not resolve the underlying issue and that issue is, kim davis has asked for a very simple accommodation. remove her name and her authority from the marriage certificates and that's what we've asked from the very beginning. kim still is asking for that today and we will continue to ask for that in the future. we believe that the court could act on that. we believe the governor could act on that and we believe the kentucky assembly can act ohhen that as well. either way, independently or in accommodation with each other, kim's life was drastically changed 4 1/2 years ago when her mother-in-law had a dying wish for her to go attend church and she did and she gave her life to jesus and her life has been
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drastically changed since then. >> okay. so i was sort of hanging on the attorney's every word there as that was the moment we've been waiting for. i know the crowd has been waiting as well. it was brief and that was kim davis' attorney speaking about her deep, deep convictions and her faith and how she feels about her own job. and so joey jackson and paul callan are with me. obviously the one person we didn't hear directly from was kim davis herself. if i may, you sort of called it. had she stood before microphones and spoken from her heart, that could have gotten her in trouble. >> yeah. i was saying to you in the break, it would be a shocker for me. she's going to go home and then craft a careful statement, maybe that won't get her thrown back
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into jail. an off the cuff statement now saying she's not going to comply with the ortd of the federal judge will cause more problems. frankly, i'm watching her attorney say, this is such a simple thing. all you have to do is have the law changed or have the judge say she doesn't have to sign and it's not under her authority, problem solved, right? >> is it that simple? >> no. if she doesn't have to sign it, who does? and what if that person says i'm not going to sign it either because my religious beliefs preclude that. you have to have some law as to who is in charge of issuing the certificates. and in the end, that person has to agree to a constitution of the state of kentucky and the united states of america. and we're going to be right back where we are again even with that seemingly simple solution. >> sure. fair point, paul. but if you get the deputies, as the deputies under oath have said that they would issue the
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orders and they have been in fact issuing these licenses, when she comes back, however, the accommodation, i'm sure, because you need some official who would be giving out these marriage licenses, the question remains, what does the court do? do they do, a, this is part of your broad scope. you're elected to uphold the constitution. that's what you're doing. or do they say, b, because it involves something so deeply personal to you and involves such a conviction that's protected by the constitution, do we carve this out, making an exception, and taking your name off and allowing the deputies to proceed as if she was absent even though she's there doing other aspects of her job? >> so many other questions for you but i think also just looking at this whole story from a 20,000 foot view, i started reading about kim davis a couple of weeks ago when the story was gaining steam and she was held in contempt of court, it made
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headlines. why do you think this has so totally struck a chord? >> well, i think it has because there are still a large number of americans who, in good faith, believe that same-sex marriage is against their religion. and so, as a matter of fact, if you look at the stats on various religious groups, one of the things that i was surprised to see is from a plurality is protestants. you have this internal fight in the united states even though the courts now are pretty much unanimous that same-sex marriage should be legal. >> and this has been a did i vice tif issue, not same-sex marriage per se but should she follow the letter of the law and sign the same-sex marriage licenses or should she hold her
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ground? here's mike huckabee standing by kim davis. >> cannot and will not violate her conscience. >> can you tell us what it was like in jail for you the last few days? what did you do? >> [ inaudible ]. >> was it worth it, kim? >> can you established closer to the mike just to talk about the experience of the last few days? >> she's going to do that at the appropriate time. kim has gone through an incredible amount and today has been an emotional day. she had no idea this was coming and she's just now had a few moments to spend with joe. >> what about the supporters and the people at the rally? >> she will speak and give thanks to those who are here who came to the rally. she's not going to speak about the substance of the case. >> not violating your conscience doesn't answer the question. >> you'll find out in the near future.
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>> will you back to work together? >> mr. staver -- >> we've had the same request, accommodate her religious convictions. there's a simple way to do that. and that's what we'll do. she will do her job and she won't violate her conscience. >> i want to say thanks to mat staver and his representation of her and, most of all, thanks to this incredibly brave lady who decided the courage of her convictions was more important than simply even her own freedom and she was willing to go to jail for what she believed. she has ignited something across this country where people are tired of the tyranny of judicial action that takes people's freedoms away and puts them in jeopardy and tyranny of a legislative court that believes that it can make up laws and somehow find a way to enforce it. i told kim today that i feel
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like she's shown more courage than any politician i know and most every pastor i know because she's not only said something, she's been willing to put her life at risk in order to follow the christ that came into her life four years ago and that's a bold declaration of the authenticity of her faith and the reality of it. the fact that so and then people have come from all over the country to be here at this rally today for her, they came because they wanted her to be free. what we could not have known, when this was planned a week ago, that on the day that everyone comes, they get to watch her walk out of this jail. but we stand with kim today with gratitude and appreciation and for her husband joe who i appreciate for standing with his wife and in no way doing anything other than being proud that she was willing to pay the
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price to even go to jail to maintain the clarity of her conscience. and kim, we are all grateful for you and thank god for you. delighted to be with you today standing with you. >> the judge has told her that she cannot interfere with the process of handing out these licenses. what do you advice her to do when she returns to work tomorrow? >> that's a legal question for her. but i've already told her that if somebody needs to go to jail, i'm willing to go in her place. and i mean that. because i'm tired of watching people being just harassed because they believe something of their faith. and we cannot criminalize the christian faith or anybody's faith in this country. and i'm afraid that there will be remedies that do not involve putting someone in jail for their convictions. especially when the issue is whether the courts can just make a law out of thin air and then
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somehow try to apply it and punish people for not obeying something that isn't even a state law. >> on friday, some licenses were issued. we're told by some people that received it that her name is not on the license. is that the case or not? and, if so, what do you plan to do tomorrow? >> licenses that were issued were issued without the authority of the court of rowan county and they are not valid. there are criminal laws in kentucky that say that if you issue a license to someone that is not authorized by statute, that there are criminal penalties for that. kim davis, because of the 5-4 opinion that happened on june 26th, that chose to not issue any licenses because of a serious criminal penalty to wrongfully issue a license. you cannot just voluntarily change the certificate. you cannot issue a license to
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those that fall under the kentucky law and the general assembly has not met to clarify the licenses in kentucky. so kim davis cannot, number one, violate her conscience but she's going to also follow the kentucky law, which is a very serious violation for wrongfully issuing a license. >> we've got a lot of people waiting in the hot sun. we're going to get her out to be with joe. >> kim, was it worth it for you? yes or no? >> thank you, guys. let me say that kim will come out at the very end. i know there's a lot of people here that came from washington state, from parts of mexico and texas and around the country -- >> that's it. i know this crowd outside of the detention center are standing out there in the hot kentucky sun. they are waiting to hear from her. >> the people that came to
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support her. as far as the merits of the case, we'll make whatever arrangements that we need to. >> we'll be right back. t like. we only eat chex cereal. no artificial flavors, and it's gluten-free. mom, brian threw a ball in the house! hello. if i want to go up... if i want to go down... nooo... but, then if i want to come back again... yes. it's perfect. and there you have it. (vo) and now through september 13th save hundreds on select tempur-pedic mattresses and adjustable bases. change to tempur-pedic.
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all right. we are watching this program, really that's what is happening here in front of this detention center in grayson, kentucky. we were waiting and watching to hear one more time from kim davis, the court clerk, who will return to work later this week. she will continue to follow her conscience. how that will work as far as same-sex marriage licenses are concerned in kentucky. we're waiting to hear one more time from kim davis. let's turn to the politics. i have lisa booth and dana bash standing by. here's my first observation. when you look at this landscape
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in grayson, kentucky, you have governor huckabee, who he, along with his wife janet, went inside, tweeted a photo having met with kim davis and his wife. afterwards he's standing right next to her. he's in the thick of this. and then you have senator ted cruz there as well, a tad off to the side. i'm wondering, both men are vying for space on this story. what do you make of the fact that governor huckabee is right in the middle of it? >> he couldn't be right more in the middle of it. i made the same observation as you did. it's all about imagery for a politician and the fact that huckabee was right over her shoulder was very telling. now, to be fair to mike huckabee, as alice stewart was on with you in the last hour, he's been very involved with her and her case since day one helping to arrange this rally that we've been playing during
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your entire show. but this really does speak to such a huge issue within the republican presidential voting electorate. >> yep. >> which is a divide between do we do what it takes for religious liberty and religious freedom, even and especially when we believe the law of the labd, which many people believe is the case because the supreme court said something different or do we follow the law? we have the mike huckabees, ted cruz on one side, standing very firmly with her, saying she needs to do what she needs to do, despite her job and despite what the law is and then others, like john kasich, the governor of ohio, even carly fiorina saying, you know what, it's too bad that she disagrees with the law. we've got to follow it. it speaks to a divide in the field and perhaps within the republican voting population. >> yeah.
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lisa, dana just spoke about my next question. for jake tapper at the reagan library when we have the candidates up there on the stage, republican candidates are having to answer for, and interestingly donald trump has been quieter than normal on this issue. what do you make of all of this? >> i think it's an important debate to have. religious freedom is important and i would argue this is less of a political and partisan issue and more of an issue of religious freedom. if you look at kim davis, she's a democrat. i don't think this is a partisan issue. at heart, this is an issue of religious liberty and we'll continue to see this discussion in the country. if you remember, the obama administration said in oral arguments before the supreme court's decision that religious
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institutions and tax exempt status. i think we'll continue to see this conversation about trying to find a balance between the supreme court's decision and also protecting religious freedom under the first amendment. >> you know, i hear you and agree that this is a religious freedom issue. but dana bash, this is something i asked of alice stewart in the last hour and she said, of course governor huckabee would be here even if he wasn't running for president. we can't ignore the fact that politics are at play. >> go ahead. >> i was going to say, of course it's politically advantageous for mike huckabee to be here. he might be here if he wasn't running for president and same goes for ted cruz. but i would say and, you know, kim would agree with me, this is
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the first kind of big test of the supreme court decision and the idea of standing up for religious liberty. but there might be others. what happens when somebody who has a bakery, you know, or a religious organization doesn't want to help somebody who, based on the fact that they are getting married and they are the same sex, there are a whole bunch of other issues likely coming down the pike. this is the first and this is obviously the most interesting so far since she is somebody who is a government worker, state government worker. it's kind of an extreme example. >> an elected employee in the state of kentucky. lisa boothe, dana bash, thank you both very much. i mentioned the reagan library. this is a huge deal. the republican presidential candidates will be facing off in back-to-back debates next
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wednesday, september 16th, 6:00 and 8:00 p.m. for the debates. tell us, what do you want to hear from the candidates? make sure when you tweet, do #cnndebate. next, news just in involving the vicious hit of a referee. take a look at this spotlight on your screen. you have not just one but a second player taking him down during this high school game. hearing what the school system is saying could be behind that tackle. also, the refugee crisis in europe. one of our senior correspondents is there in the middle of it running with the refugees through cornfields as the racing for freedom away from police.
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at ally bank no branches equals great rates. it's a fact. kind of like mute buttons equal danger. ...that sound good? not being on this phone call sounds good. it's not muted. was that you jason? it was geoffrey! it was jason. it could've been brenda.
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i want to show you this game time hit that has led to the suspension of not just one but two high school football players. this referee is shown right here, waiting for one player to come up from behind and smack him. and then another. two players totally taking him by surprise. now these students could face criminal charges. i have ed lavandera who has been working this case. what is the athletic director saying? >> reporter: various officials talking and this story has taken a dramatic and even more disturbing turn as if this video wasn't enough that you're looking at. but according to school officials, the players are alleging that the referee during the course of the game made several racial slurs directed at their team and then, of course, so people know, this incident
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took place at the very end of the game. the team in white there with the blue helmets, san antonio, john jay high school, were playing marble falls high school. this is at the very end and now school officials are saying that an assistant coach, a 23-year-old assistant coach has been put on administrative leave for telling the players the ref should, quote, pay for cheating us. school officials say that the coach's comments could have had something to do with the players' behavior but facing very severe punishment. they could be expelled from the school district altogether and could face criminal charges. all of that being kind of processed through now and investigated now but school officials talked about the issue of those racial slurs and how that came about during the course of the game. >> and at the point of one slur
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evidently was happening when one of our players, just prior to him getting ejected, prior to that, there was an alleged comment then and then there was an alleged comment after the wrong player got ejected towards the end of the ball game. >> two different racial slur allegations? >> at this point we can definitely say that there were two but there may be more. we're still investigating that. >> so what you're saying is that the time of the alleged racial slur was said, based on the play right before the umpire was slammed from behind? >> correct. that was the last, last alleged slur was made. there was one earlier in the game that precipitated the emotions by the alleged comments by the coach. >> so brooke, you have it all there. not only is the video dramatic
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but accusations of racial slurs between the referee and the coach. all of that is being investigated but it's quite a distracting and disturbing story, to say the least. >> we will follow it. ed lavandera, thank you. kim davis, the kentucky clerk just freed. she'll be speaking live any moment. we'll take that for you. also, running for their lives. cnn right in the middle of a remarkable, terrifying scene as mothers and fathers and little children burst threw a police line and tried to escape for a better life. the refugee crisis like you have never seen it here on cnn. ...is kind of a big deal. it's finally back, with as much shrimp as you want, any way you want 'em. one taste of these new pineapple habanero coconut shrimp bites, and i already want more. they even brought back wood-grilled teriyaki shrimp! yeah, you heard me:
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are prone to infections, or have flu-like symptoms or sores. don't start humira if you have an infection. ask your dermatologist about humira. because with humira clearer skin is possible. out of break we go and right to grayson, kentucky. mike huckabee is speaking ahead of rowan county clerk, kim
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davis. >> our friend kim davis has been in this jail behind us for six, long days. that's why we are here, to pay our respects and tribute to a courageous elected official who decided she had to obey god and followed the courage of her biblical convictions. but more than that, she followed the only law that was in front of her. the law of the kentucky constitution which 75% of the people of this state affirmed and decided that marriage is what it has always been and what the bible says it to be. one man, one woman let me also say thanks -- another microphone. all right. there we go. i want to say thanks to the people of this local community.
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i know you have know idea to know this, but let me express deep appreciation from the local officials here in carter county where kim has been incarcerated. they have gone out of their way here in this jail, in the community to show their support, even though she's not a residence of this county but of a neighboring county and i think it would be appropriate to give a nice tribute to the local officials who have just been magnificent in the kindness to kim and her family. [ applause ] i know there are some people who will say this is a rally of hate. they would be wrong. i know this. and i think i speak for you, we don't gather here today because we hate anybody. we gather here today because we
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love god and we love this great country. and we do not want to see this country become the smoulerring remaining of what was once the great republic where the people ruled and its exchange for a place where five unelected lawyers think that they can rule. we are here to say, no, they cannot. our founders warned us of the consequences of forgetting something that most of us learned in ninth grade civics. we learned that there are three branches of government. not one but three. each of those branches are equal to the other and i believe in the fathers were inspired to create a unique form of government that's never existed before, based on the premise
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that it understood that we are frail, that we are sinners and that, as such, we could not be trusted with too much power so the power was distributed and balanced so that no one individual and no one body would have so much power that they can rule over others without checks and balances. this is the genius of our constitution. this is what we have all agreed would be our contract, that we would live under. and it was understood that the courts would have within it a supreme court, which means that of all the courts, it has the ultimate authority within that one branch. but it's limited. it can only review a law. it can even recommend the application. but the founders never gave that one branch of government the power to make the law.
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that is reserved for the representatives of the people. our funders were so concerned that they said that should we ever come to the place that we allow a court to run amuck of its purpose, that we would be living under what is no less than judicial tyranny. that's why we gather today. it is far more than one clerk saying she will not issue marriage licenses. it's that every one of us will have to decide whether or not we want to keep this great republic or whether we are willing to sacrifice it and surrender it to tyranny. and i think we gather here today to say we will not surrender to
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the tyranny of one branch of government. i do not think that it is possible to explain america apart from the providence of almighty god. an explanation for how this country could have come into be. there's no explanation for how this country could have been sustained. the only explanation is that god intervened and i believe this week, once again, as forrest gump so wonderfully said, god showed up and he showed up in the heart of an elected government named kim davis. now, i only bring that into it because i don't want people to think that this is an issue about democrats and republicans because it was a republican judge who put her in this jail
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to begin with. i don't care what party a person is. this country was based on fundamental principles that all of us must live under and for those who want the courts to make a law so the politicians can be excused and cowardly hide behind the court and not take a stand, i say that is exactly what our country was not supposed to be. so today we gather, we fought so that we could rally and maybe get the attention of not only a judge but of the world to say america is not dead and those of us who love this country are not
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walking away, running away, are hiding. we come to take the stand today. we will stand with kim. we will stand with the constitution. and we will stand with our faith and will not be bullied no matter even if they incarcerate us. [ applause ] i have a message for the judge. and i say this with all my heart, if this judge believes that somebody must be put in jail because a person is willing to stand on the biblical definition of marriage and is willing to stand because they believe that the constitution does not allow the courts to make up law according to their own whims, if the judge believes that, then i would ask this of
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him. let kim go. but if you have to put someone in jail, i volunteer to go. let me go. lock me up if you think that's how freedom is best served because, folks, i am willing to spend the next eight years in the white house leading this country but i want you to know, i'm willing to spend the next eight years in jail but i'm not willing to spend one day under the tyranny of people who believe they can take our freedom and conscience away. we have all come today for the purpose of seeing kim davis free. earlier today, a judge has at
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least decided that she no longer has to stay in this incarceration center behind us. again, i say thanks to the jailer who has treated her with kindness and decency and respect as has all the staff and all the people of this county. and i pay tribute to them. but i thought before we left today, maybe you would like to personally express your thanks to the person who had the courage to cause a lot of people to start standing up, a person whose courage exceeds that of 99% of the politicians of this country and, sadly, a bunch of even the pastors of this country but i believe her act is going to wake up the politicians, the pastors and the people.
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would you please help me welcome to the stage kim davis! [cheers and applause ] ♪ ♪
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[cheers and applause ] [ crying ] >> thank you all so much! i love you all so very much. i just want to give god the
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glory. his people have rallied and you are a strong people! we serve a living god who knows exactly where each and every one of us is at. just keep on pressing. don't let down because he is here. he's worthy. i love you guys. thank you so much! [ applause ] >> and let's hear it for her husband joe who has been a faithful, strong supporter at her side.
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ladies and gentlemen, your prayers have been answered. kim will tonight go home. she will be with her family. she will sleep in her own bed. but all of us need to ask, who's next? your pastor? the head of the school? who is next? my question as we leave here today, will you be ready to take the stand even at expense to yourself to stand firm for your convictions for the constitution and for your faith and will not fall. god bless you. thank you for being here today. and may the lord be with you. and give you his strength. god bless you. ♪ >> well, it was the moment that
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the hundreds of people there in kentucky in front of that carter county detention center had been waiting for. a thunderous applause for this woman who represents many of their values. that is why they showed up today to support rowan county clerk kim davis who spoke and clearly has deep conviction and faith. as we heard from her attorney, plans to continue to follow her conscience as she continues to work at the carter county courthouse later this week. the question remains, will she continue to stand by her convictions and defy the law of the land as ruled this past june by the united states supreme court and comply and sign the same-sex marriage licenses or not? that is the question. that is yet to be determined. we'll be right back. i hate cleaning the gutters. have you touched the stuff? it's evil. and ladders.
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back to our breaking news out of kentucky, i want to go right to these two. let's see their faces on screen, as we go to your final thoughts as we've been covering this case out of grayson, kentucky, kim davis is free. she didn't say too much when she was with her attorney. we know she's headed back to work this week. she's following her con convenience. how will she respond when same sex couples walk into her office and want her to sign their certificates. >> we know what happened today. the critical question becomes, what will happen next.
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will she continue to defy the court and say, this is my personal view, my personal belief? what will the judge do? i think it's clear from the judge's order what's going to happen, if she does that. that's the same place we are now. it's important to point out, everybody can have a religious conviction, it could be strong, this is the difference, brooke, in as much as she's holding a public office. so the critical question, inquiry becomes, what does the court do moving forward? do they carve out an exception for her, or as part of her duties do we say she has an absolute obligation to carry out each and every duty, including the issuance of these licenses, if you're not going to do it, step aside. >> in 1963 when john kennedy was president, and george wallace stood on the steps of the university of alabama and said black children cannot be educated with white children, do you know what john f. kennedy did, he nationalized the alabama
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[phone ringing] but a little less crazy. we're doing everything we can to give you the best experience possible. because we should fit into your life. not the other way around. she is now out of jail, will her conscience and that judge send her back there? jake tapper, this is "the lead." breaking in the national lead, a judge freeing kentucky clerk kim davis as a presidential candidate holds a rally for her. did she change her mind about signing off on same sex couples getting married? what's next here? the politics lead, hillary clinton has decided to be more spontaneous and authentic, at least that's the plan, as new poll numbers spell possible trouble for her